Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
Legislation, Plan, etc.
Summary of high-level aim/ purpose/ objective
Summary of lower level objectives, actions etc.
Relevance to the Plan
Under planning legislation, Development Plans must include mandatory objectives for the conservation of the natural heritage and for the conservation of European sites and any other sites which may be prescribed. There are also discretionary powers to set objectives for the conservation of a variety of other elements of the natural heritage. The Regulations cover plans and programmes in all of the sectors listed in article 3(2) of the Directive except land-use planning. These Regulations also amend certain provisions of the Planning and Development Act 2000 to provide the statutory basis for the transposition of the Directive in respect of land-use planning. Transposition in respect of the land-use planning sector is contained in the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004). They provide, among other things, for: the appointment and functions of authorized officers; identification, classification and other procedures relative to the designation of Community sites. The Regulations have been prepared to address several judgments of the CJEU against Ireland, notably cases C-418/04 and C-183/05, in respect of failure to transpose elements of the Birds Directive and the Habitats Directive into Irish law.
achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 3.4 and 4.3.1) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 3.4 and 4.3.1) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 3.4 and 4.3.1) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 3.4 and 4.3.1) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 3.4 and 4.3.1) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 3.4 and 4.3.1) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with
European
Communities
The purpose of these Regulations is to transpose into Irish law Directive 2001/42/EC of 27 June 2001 (O.J. No. L 197, 21 July 2001) on the assessment of the effects of certain plans and programmes on the environment — commonly known as the Strategic Environmental Assessment (SEA) Directive.
(Environmental of Certain Plans and Programmes Regulations 2004 (S.I. 435 of 2004), as amended by S.I. 200 of 2011 Assessment
European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477 of 2011, as amended)
These Regulations provide a new for the implementation in Ireland of Council Directive 92/43/EEC on habitats and protection of wild fauna and flora (as amended) and for the implementation of Directive 2009/147/EC of the European Parliament and of the Council on the protection of wild birds.
Waste Management Act 1996, as amended
To make provision in relation to the prevention, management and control of waste; to give effect to provisions of certain acts adopted by institutions of the European communities in respect of those matters; to amend the Environmental Protection Agency Act, 1992, and to repeal certain enactments and to provide for related matters.
The Waste Management Act contains a number of key legal obligations, including requirements for waste management planning, waste collection and movement, the authorisation of waste facilities, measures to reduce the production of waste and/or promote its recovery.
European Communities Environmental Objectives (FPM) Regulations 2009 (S.I 296 of 2009)
The purpose of these Regulations is to support the achievement of favourable conservation status for freshwater pearl mussels
Set environmental quality objectives for the habitats of the freshwater pearl mussel populations named in the First Schedule to these Regulations that are within the boundaries of a site notified in a candidate list of European sites, or designated as a Special Area of Conservation, under the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94/1997). Require the production of sub-basin management plans with programmes of measures to achieve these objectives. Set out the duties of public authorities in respect of the sub-basin management plans and programmes of measure. The substances and threshold values set out in Schedule 5 to S.I. No. 9 of 2010 have been reviewed and amended where necessary, based on existing monitoring information and international guidelines on appropriate threshold values. Part A of Schedule 6 has been amended to include changes to the rules governing the determination of background levels for the purposes of establishing threshold values for groundwater pollutants and indicators of pollution. Part B of Schedule 6 has been amended to include nitrites and phosphorus (total) / phosphates among the minimum list of pollutants and their indicators which the Environmental Protection Agency (EPA) must consider when establishing threshold values. Part C of Schedule 6 amends the information to be provided to the Minister by the EPA with regard to the pollutants and their indicators for which threshold values have been established.
European
Communities
To amend the European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010) to make further provision to implement Commission Directive 2014/80/EU of 20 June 2014 amending Annex II to Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration.
Environmental Objectives (Groundwater) Regulations 2010 (S.I 9 of 2010), as amended (S.I. No. 366 of 2016)
European (Good Agricultural Practice for Protection of Waters) Regulations 2014 (S.I. No. 31 of 2014) Communities
These Regulations, which give effect to Ireland’s 3 rd Nitrates Action Programme, provide statutory support for good agricultural practice to protect waters against pollution from agricultural sources
The Regulations include measures such as:
Periods when land application of fertilisers is prohibited Limits on the land application of fertilisers Storage requirements for livestock manure; and
Monitoring of the effectiveness of the measures in terms of agricultural practice and impact on water quality.
CAAS for Cork City Council
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